Is Polygamy Legal In India?

Can someone legally maintain more than one spouse? This question is especially significant in a country as diverse as India, where personal laws are intertwined with religious beliefs. This idea of marrying more than one person, commonly called polygamy, has existed since ancient times and was once widely accepted in many parts of the world for centuries. However, in this modern era, only a few communities can practice polygamy under certain rules, while others are completely prohibited from practising it by law.

This complexity arises because India doesn’t have a singular, uniform law governing marriage and family matters. In contrast, India has a system of legal pluralism, which recognises personal laws based on religion to determine what is legally permissible. This leads to significant variations in the legal status of polygamy to differ in India among different religious communities.

This blog covers:

• What is the meaning of Polygamy?
• Its legal status in India
• How does it apply amongst various religious laws?
• What are the legal consequences?
• Judicial precedents
• And where does India stand in comparison to global trends?

We will also take a look at some interesting statistics that shed light on the extent (or decline) of polygamous practice happening in India today.

What Is Polygamy?

Polygamy is a culturally or socially practised by a person, male or female, who has more than one spouse at the same time, meaning simultaneously entering into multiple marriages. This custom has been performed for centuries, in various social and cultural practices, and is connected to social, cultural, or economic aspects, including family expansion, property conservation within lineage, or sustaining tribal structures around the world.

Polygamy is often misunderstood to only mean a man having multiple wives (technically polygyny), but the broader term includes:

• Polygyny: One man has multiple wives
• Polyandry: One woman has multiple husbands
• Group marriage: Multiple men and women forming a shared marital family structure

Presently, most countries have either criminalised or heavily regulated polygamous practices in their legal and social environments, especially with the global movement towards gender equality and social changes, leading to legal reforms in favour of monogamous relationships that practice having only one spouse at a time.

Is Polygamy Legal In India?

In India, polygamy is largely governed by personal laws that are rooted in the customs and scriptures of various religions.

• Polygamy is prohibited: Most Indian Citizens cannot engage in polygamy, especially those governed under Hindu, Christian, and Parsi personal laws.
• However, A Muslim man can have four wives under Muslim Personal Law, provided he treats them all equally and abides by several religious and moral obligations.

This differential position recognises different treatment for different people, allowing religious communities to be governed by their personal laws in matters of marriage, divorce, and inheritance.

Importantly, Section 494 of the Indian Penal Code (IPC) makes bigamy the act of marrying again while one’s spouse is still alive a criminal act punishable with imprisonment and/or fine for all Indian citizens except Muslim men.

Polygamy Under Different Religious Laws in India

Hindu Law

Under the Hindu Marriage Act, 1955, polygamy is explicitly prohibited. Section 5 of the Act provides that a marriage can only be completed if the parties are unmarried; hence, a second marriage during the continuance of the first marriage is void.

Section 11 of the Act provides that any marriage is invalid if either party is already married, and Section 17 refers to the provision of punishment for bigamy, which states that to the extent of all such provisions, sections 494 and 495 of the Indian Penal Code, 1860 would apply according to their nature.

This applies to those governed under the Act, which includes Hindus, Sikhs, Buddhists and Jains.

Muslim Personal Law

Under the Muslim Personal Law (Shariat) Application Act, 1937, Muslim men in India are allowed to marry up to four wives. However, there are strict conditions imposed.

• Equality: The man must ensure that one wife is no better supported than another and that he does not give emotional support to one wife, over the other, over the other two.
• Procedural requirements: The marriage must be according to Islamic procedure, which includes consent from the woman and properly registering the marriage.
• Contextual conditions: The permission for multiple marriages is seen as conditional, often argued to be meant for supporting widows or orphans, rather than a full right to marry as many wives as he wants.

Muslim women, however, are not permitted to have more than one husband, which prohibits polyandry by women under Muslim personal laws.

Christian Law

Under the Indian Christian Marriage Act, 1872, polygamy is strictly prohibited. The Act dictates that Christians must practice monogamy and that when the first marriage is still valid, marriage exists; any second marriage is considered bigamy under the Indian Penal Code and is subject to penalties.

Parsi Law

The Parsi Marriage and Divorce Act, 1936, prohibits polygamy for Parsis. The Act states that any second marriage without legally dissolving the first is null and void, and with no form of Polygamy permitted, such marriages can lead to criminal prosecution.

Tribal and Customary Laws

In several tribal groups in India, polygamy has historically been practised based on customary practices, a practice that has been steadily declining, but is still subject to legal scrutiny.

For example, customary law may permit polygamy in some tribes, but if it conflicts with national legislation, such as the Hindu Marriage Act or the IPC, statutory laws prevail.

In summary, in some tribal regions, polygamy is still practised, but it remains legally questionable and often subject to statutory law.

Indian Penal Code (Bharatiya Nyaya Sanhita, 2023)

Polygamy is not only socially controversial but also a crime under the Indian Penal Code,1860, except for the communities where personal laws allow it.

Section 494 IPC (Replaced by Section 82(1) BNS)

Section 494 of the IPC punishes anyone who remarries while their first spouse is alive with imprisonment of 7 years and a fine. Under the Bharatiya Nyaya Sanhita, 2023, this is now under Section 82(1).

Section 495 IPC (Now Section 82(2) BNS)

Section 495 of the IPC refers to a serious offence punishable if the person conceals their existing marriage before the second. Punishable with up to 10 years imprisonment and a fine. Under the Bharatiya Nyaya Sanhita, 2023, this is now under Section 82(2).

Exceptions

• Void Marriage: If the first marriage is void by the order of the Court.
• Presumed Death: If a spouse's absence is for a period of 7 years or more.
• Muslim Personal Law: Muslim men are allowed to have four wives, provided certain conditions are met.

Legal Implications Of Polygamy In India

Polygamy, while practised among some communities, has the following serious legal consequences in India:

Void Marriages

Under the Hindu Marriage Act 1955, any second marriage during the existence of a valid first marriage is deemed void. Further, Section 494 of the Indian Penal Code (IPC) criminalises bigamy, which means that a bigamous marriage is invalid, is the subject of criminal prohibition and is punishable with a penalty of up to seven years imprisonment.

Criminal Consequences

Under Section 494 of the IPC, bigamy is a criminal offence punishable up to seven years imprisonment for each person in the second marriage in which either is already married. If the previous marriage is concealed, Section 495 increases the penalty to up to ten years.

Inheritance and Property Rights

Polygamous marriages often become problematic when inheritance issues arise. Courts routinely uphold the rights of the first wife in any disputes, especially in property division or succession matters.

Women's Legal Protection

If the second marriage were to be ruled null and void, then the second wife would not have any protection under the law regarding maintenance, alimony, and property rights. This lack of protection is particularly evident under Hindu, Christian, and Parsi laws.

Recent Legal Developments

The Bharatiya Nyaya Sanhita (BNS) Bill, 2023, had provisions to expand the prohibition of polygamy, aligning with the broader trend towards uniformity in India's family law.

Judicial Precedents On Polygamy In India

Indian courts have repeatedly emphasised the need to safeguard women against the dangers of unregulated polygamy.

Shayara Bano v. Union of India (2017)

In the landmark case of Shayara Bano v. Union of India (2017), the Supreme Court declared the practice of instant triple talaq (talaq-e-biddat) unconstitutional. Although the judgment did not directly strike down polygamy, it was an important judgment for gender justice concerning Muslim personal law. The Court held that arbitrary practices that violate the dignity and equality of Muslim women cannot be protected under the guise of religious freedom under Article 25 of the Constitution.

This judgment reinforced the idea that personal laws are not above constitutional principles, particularly when they infringe upon fundamental rights.

Javed & Ors v. State of Haryana (2003)

In the case of Javed & Ors v. State of Haryana (2003), the Supreme Court upheld the constitutional validity of the Haryana law that disqualified individuals with more than one living spouse from contesting in the panchayat elections.

The petitioners contended that imposing the restriction violated their right to religion under Article 25. However, the Supreme Court discarded this argument and stated that polygamy was not a necessary religious practice and that the state retains the right to put 'reasonable restrictions' in the interest of public welfare. The judgment stressed that gender justice and other social reforms can override personal practices, especially when personal practices conflict with constitutional values.

Statistics Of Polygamy In India

According to estimates from the National Family Health Survey (NFHS-5):

• Approx. 1.4% of Indian men reported having multiple wives.
• However, there has been a decline in this practice across all religious communities, due to factors related to education, economic development, and greater social and legal awareness.

Note: These numbers are estimates from a survey and not from direct government records. Although they are useful for insight, but should be interpreted as approximate data.

Conclusion

So, is polygamy legal in India? The answer is not straightforward.

For many communities, including Hindus, Christians and Parsis, polygamy is illegal and punishable. For Muslim men, polygamy is still allowed, but not without legal and ethical concerns that are increasingly being brought up. India’s personal laws have included religious freedom in its decisions, however, it has created legal ambiguities and unequal rights, especially for women.

Many people are speaking up for equality, for laws that treat all people equally. Even the idea of Uniform Civil Code includes legal consistency; however, it also refers to dignity and justice. Polygamy is slowly becoming extinct by education, awareness and changing beliefs. However, the law needs to catch up to the people it serves. If we are truly seeking an equal tomorrow, then our laws should reflect that hope.

FAQs

In this FAQs section, you will find answers to common questions about polygamy in India, including its legal status, the practice of polyandry, and the consequences of marrying without a divorce under Indian law.

Q1. Is polygamy a criminal offence in India?

Yes, for most citizens, polygamy is a criminal offence under Sections 494 and 495 of the Indian Penal Code. It is punishable by imprisonment and/or fine unless the individual is governed by personal laws that allow polygamy (e.g., Muslim men under certain conditions).

Q2. Is polyandry (a woman having multiple husbands) legal in India?

No, polyandry is not legally permitted under any personal law in India. All religions and legal frameworks in India prescribe monogamy for women.

Q3. Are tribal communities in India allowed to practice polygamy?

Some tribal communities follow customary practices that permit polygamy. However, if such customs conflict with national laws like the Hindu Marriage Act or IPC, statutory laws generally prevail.

Q4. Can a Muslim woman in India have more than one husband?

No, under Muslim personal law in India, only men are permitted to marry more than one spouse. Muslim women are not allowed to have multiple husbands.

Q5. What are the consequences of marrying a second time without divorcing the first spouse in India?

Such a marriage is considered void and is treated as bigamy under criminal law. It can result in imprisonment of up to 7 years and/or a fine. If the person conceals the first marriage, the punishment may increase to 10 years.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalised legal guidance, please consult with a qualified family lawyer.